7. (1) In this section, “apparatus” means equipment or a machine or device; (“appareil”) “applicable provision” means an applicable provision of this Regulation that is listed in the Table; (“disposition applicable”) “protective element” means a shield, a guard, an operating control acting as a guard, a locking device or any other device preventing access; (“élément protecteur”) “spray booth” means a spray booth as defined in Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997; (“cabine de pulvérisation”) “Table” means the Table to this section. (“tableau”) O. Reg. 528/00, s. 2; O. Reg. 420/10, s. 3 (1); O. Reg. 434/21, s. 1 (1). (2) Subject to subsection (3), an owner, lessee or employer shall ensure that a pre-start health and safety review is conducted if, in a factory, an applicable provision applies and a corresponding circumstance described in the Table will exist, (a) because a new apparatus, structure or protective element is to be constructed, added or installed or a new process is to be used; or (b) because an existing apparatus, structure, protective element or process is to be modified and one of the following steps must be taken to obtain compliance with the applicable provision: (i) New or modified engineering controls are used. (ii) Other new or modified measures are used. (iii) A combination of new, existing or modified engineering controls and other new or modified measures is used. O. Reg. 434/21, s. 1 (2). (3) A pre-start health and safety review is not required, (a) at a logging operation; or (b) if an exemption set out in the Table applies. O. Reg. 434/21, s. 1 (2). (4) A pre-start health and safety review shall be conducted by, (a) an engineer for item 1, 2, 3, 4, 5, 6 or 7 of the Table; and (b) an engineer or a person who in the opinion of the owner, lessee or employer possesses special, expert or professional knowledge or qualifications appropriate to assess any potential or actual hazards for item 8 of the Table. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2. (5) A report on the pre-start health and safety review shall, (a) be made to the owner, lessee or employer in writing; (b) be signed and dated by the person conducting the review; (c) have a seal affixed to it in accordance with the requirements under the Professional Engineers Act, if the person conducting the review is an engineer; and (d) include the following information: (i) details of the measures to be taken for compliance with the applicable provisions, (ii) if item 3 or 7 of the Table applies, details of the structural adequacy of the apparatus or structure, (iii) if any testing is to be performed before the apparatus, structure, protective element or process can be operated or used, as the case may be, details of the measures to be taken to protect the health and safety of workers while the testing is carried out, and (iv) if the person conducting the review is not an engineer, the person’s special, expert or professional knowledge or qualifications. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2. (6) If a pre-start health and safety review is required, the owner, lessee or employer shall ensure that the apparatus, structure, protective element or process is not operated or used, as the case may be, unless the review has been conducted and, (a) all measures identified in the review as being required for compliance with the applicable provisions have been taken; or (b) if some or all of the measures specified in clause (a) are not taken, the owner, lessee or employer has provided written notice to the joint health and safety committee or the health and safety representative, if any, of what measures have been taken to comply with the applicable provisions. O. Reg. 434/21, s. 1 (2). (7) If a pre-start health and safety review is required, the owner, lessee or employer shall provide a copy of the written report made under subsection (5) to the joint health and safety committee or the health and safety representative, if any, before the apparatus, structure, protective element or process is operated or used, as the case may be. O. Reg. 434/21, s. 1 (2). (8) The owner, lessee or employer shall keep the following documents readily accessible in the workplace for as long as the apparatus, structure or protective element remains in the workplace or the process is used in the workplace, as the case may be: 1. A copy of a written report made under subsection (5), together with supporting documentation, if any. 2. A copy of the documentation that establishes an exemption set out in the Table. O. Reg. 434/21, s. 1 (2). (9) If an exemption set out in the Table applies, the owner, lessee or employer shall provide a copy of the documentation described in paragraph 2 of subsection (8) to the joint health and safety committee or the health and safety representative, if any, upon request. O. Reg. 434/21, s. 1 (2). (10)-(15) Revoked: O. Reg. 434/21, s. 1 (2). Table Item   Circumstances   Applicable provisions of this Regulation   Exemptions 

  1.   Either of the following applies with respect to flammable liquids:   1. More than 235 litres of flammable liquids are located in a building or room.   2. Flammable liquids are dispensed in a building, room or area.   Subsections 22 (1), (2) and (4)   All of the following requirements are met:   1. No more than 235 litres of flammable liquids are stored per adequate cabinet.   2. No more than three cabinets containing flammable liquids are in a group of cabinets.   3. There is a minimum distance of 30 metres between groups of cabinets containing flammable liquids. 

  2.   Any of the following are used as protective elements in connection with an apparatus:   1. Safeguarding devices that signal the apparatus to stop, including but not limited to safety light curtains and screens, area scanning safeguarding systems, radio frequency systems and capacitance safeguarding systems, safety mat systems, two-hand control systems, two-hand tripping systems and single or multiple beam systems.   2. Barrier guards that use interlocking mechanical or electrical safeguarding devices.   Sections 24, 25, 26, 28, 31 and 32     1. The protective element was installed at the time the apparatus was manufactured, and,   i. the apparatus and the protective element were manufactured in accordance with, or have been modified to meet, current applicable standards; and   ii. the apparatus has been installed in accordance with current applicable standards, if any, and the manufacturer’s instructions.   2. The protective element was not installed at the time the apparatus was manufactured, and,   i. the apparatus and the protective element were manufactured in accordance with, or have been modified to meet, current applicable standards; and   ii. the apparatus and the protective element have been installed in accordance with current applicable standards, if any, and the manufacturer’s instructions. 

  3.   Material, articles or things are placed or stored on a structure that is a rack or stacking structure.   Clause 45 (b)   The rack or stacking structure is designed and tested for use in accordance with current applicable standards. 

  4.   A process involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.   Section 63   The process is conducted inside a spray booth that has been manufactured and installed in accordance with current applicable standards. 

  5.   The use of a dust collector involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.   Section 65   None. 

  6.   A factory produces aluminum or steel or is a foundry that melts material or handles molten material.   Sections 87.3, 87.4, 87.5 and 88, subsections 90 (1), (2) and (3), and sections 91, 92, 94, 95, 96, 99, 101 and 102    None. 

  7.   Any of the following are used:   1. A travelling crane, overhead crane, monorail crane, gantry crane, jib crane or other lifting device suspended from or supported by a structure.   2. A vehicle lift or hoist.   Sections 51 and 53     1. The supporting structure was originally designed for the travelling crane, overhead crane, monorail crane, gantry crane, jib crane or other lifting device that is being installed or used.   2. The vehicle lift or hoist has been certified as meeting current applicable standards. 

  8.   A process uses or produces a hazardous biological or chemical agent and uses a ventilation system to limit the exposure of a worker in accordance with any exposure limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act.   Sections 127 and 128   A portable device that extracts smoke, fumes or other substances and that does not exhaust to the outdoors is used. O. Reg. 434/21, s. 1 (3).